Coronavirus Is No Excuse to Delay the Education Department’s New Title IX Regulations

Article here. Excerpt:

'Many disingenuous things have been said during the coronavirus crisis, some of them by the president of the United States himself. But right near the top must be three letters issued last week — from the American Council on Education (ACE), activist groups led by the National Women’s Law Center (NWLC), and 18 Democratic attorneys general — calling for the Department of Education to halt the release of long-anticipated regulations that will restore due process to the handling of sexual-assault cases on college campuses. DeVos’s proposed rule would ensure basic rights for accused students — notice, access to evidence, a live hearing, and the ability to have a lawyer or advocate cross-examine adverse witnesses — that are often or almost always absent in the current Title IX process imposed by Obama-era guidance. That system has yielded more than 170 university setbacks in lawsuits filed by accused students in state or federal court.

And you don’t have to take our word for it. ACE president Ted Mitchell called these new regulations “a step in the wrong direction,” saying they would “impose[] a legalistic, prescriptive ‘one-size-fits-all’ judicial-like process” on universities. The NWLC was even more blunt, calling the proposed regulations “disastrous,” “confusing and illogical,” and “devastating for survivors” (emphasis in original), and even opining that “‘due process’ is clearly a red herring.”

This is all nonsense. The new Title IX regulations may wind up being Betsy DeVos’s greatest legacy. They will finally restore balance and fairness to a process that, due to the Obama administration’s overreach, had little of either.'

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